Transferring Custody from Paternal Grandmother to Father

[RickShelton]

I live in southern Illinois. A few years ago, (3-4), my mother and I engaged in a custody battle against my daughter's maternal grandmother. We had agreed that my mother would be the one to retain custody since at the time I was struggling with recent unemployment and facing a near-future move out of the school district.

We won the dispute and my mother was awarded custody/guardianship of my daughter. We had a mutual agreement that this situation would be temporary and once my daughter finished her schooling and I was back on my feet we would get back to my having custody. During school and on weeknights, she would stay with my mother, on weekends and "no-school" days she would stay with me.

Since then, as of the spring of 2011, my daughter finished out the elementary school we both started at, and has moved into our beautiful house with me, my fiance, and our family. Everything in our original plan is still in motion, and the situation between my mother and I is fully consensual, (No dispute about me taking over custody from her).

My question is simply what steps do I need to take to transfer custody back to myself? I only have experience with court battles regarding guardianship of my daughter, and while relieved, I don't know what I need to do from here with no one disputing my position. I assume my mother and I just need to set up a meeting with an attorney and go before the judge, but I thought I would ask here to get my bearings on the situation.

Thank you for your time and attention,
-RickWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Zigner]

Where is the other parent?

 

[RickShelton]

Where is the other parent?

Her mother has been in and out of the picture since our girl was 2. Largely from a prison sentence regarding forgery or deceptive practice, something along those lines (I never got many details). I've been her primary caregiver most of her life. Her mother violated her parole and went back to finish her sentence and an additional one a few years ago just after we signed a "non-legal" written agreement saying that she agreed I would take over responsibility of our daughter since I'd been doing all the school-related business and doctor visits, etc. anyway.

Once she had been in prison for a few months her mother (Maternal Grandmother) challenged our agreement with a written statement of her own which granted HER guardianship. Since neither of our "contracts" had gone before a judge and mine was only notarized and filed, we had to engage in the custody battle I mentioned earlier.

Since then, my ex has been living a few hours away with her son and girlfriend (in-state: IL) and only calls RARELY. Twice in the last 3+ months, neither of which did she even ask about or talk to our daughter. The former was a few weeks before Christmas to ask for our daughter's SS# (never got a straight answer why she needed it, nor did I give it to her), and the most recent was a text message I got yesterday asking some odd questions about the current custody situation.

That's what sparked my interest in finding out what needs done. Our original plan was to wait until my daughter finished her first full year of school in the new district, because I thought it would make things simpler and more concrete to be able to show the judge she's not only comfortable and cared for in her new home, but thriving! I'm so proud of her. But with her mother's sudden interest in our legal situation, I'm concerned she may be pursuing legal action in the near future. Sorry if I'm rambling, I just wanted to be able to paint the picture as clearly as possible.

 

[stealth2]

So...... you're only looking to change custody to yourself because Mom may be considering the same?

 

[RickShelton]

So...... you're only looking to change custody to yourself because Mom may be considering the same?

No, not at all. Like I said, my intentions were to wait until school was out this year to go to court with my mother and have custody changed anyway. That was our plan all along. I didn't and honestly still don't see any issues arising with the mother. She hasn't expressed any interest in having our daughter or custody in a very long time. About once a year though she pops in and tries to stir things up for whatever reason, then it all eventually cools down again until the next dramatic episode. Usually when she's been talking to her own mother.